15th night of sha`ban and difference of opinion

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F U S S I N G O V E R T H E

15th of Sha‘banan d th e g old en r u l e of di ff e r i n g

surkheel (abu aaliyah) sharifjawziyyah occasional papers

istorically, scholars have differed over whether the fifteenth nightof Sha‘bån (the month prior to Rama∂ån in the Islamic calander)

has any distinctive merit or not. Some uphold its merit and consider thenight to be laylat al-barå’ah - “the Night of Emancipation [from the Fire].”Other scholars are of the opinion that the night in question has no meritor distinction over any other night of the year. Based on these two views,the first group of scholars rule that singling-out the night for optional actsof devotion: prayer (ßalåt), invocation (dhikr), petition and supplication(d u ‘ å), etc, is sanctioned by the Sacred Law and seen as meritorious. Thelatter group of scholars declare that, laudable as the intention might be,to single-out the night for devotion is an act not sanctioned by the SacredLaw, or shar•‘ah, at all.

The objective of this paper is twofold. Firstly, to demonstrate why suchdifferences arise, and how each stance has its legitimacy in the canons ofIslamic jurisprudence. Secondly, and perhaps more importantly, the issueserves to lay down mandatory rules in areas of legitimate differing - rulesthat, if contravened, constitute a clear-cut deviation from the Islamic normand the teachings of the blessed Sunnah.*

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I. HADITHS ABOUT THE 15TH OF SHA‘BAN

The hadith corpus narrates the merits, or f a ∂ å ’ i l , of the 15th night of Sha‘bån,of which the following are among the most significant:

1. Mu’ådh b. Jabal, may Allah be pleased with him, relates that the Prophet,peace be upon him, said: “Allah looks at all His creation during the middlenight of Sha‘bån, and forgives all of them - except an idolater and one whoharbours malice.”1

2. ‘Abd Allah b. ‘Amr, may Allah be pleased with him, related; the Prophet,peace be upon him, informed: “Allah, Mighty and Majestic is He, looks at Hiscreation on the middle night of Sha‘bån and forgives all of His slaves, exceptan idolater and a murderer.”2

3. ‘Å’ishah, may Allah be pleased with her, narrated that the Prophet, peaceb e upon him, said: “Allah, Exalted is He, descends to the nearest heaven inthe middle night of Sha‘bån and is more forgiving than there are the numberof hairs [on the hides] of the sheep [in the tribes] of Kalb.”3

4. Also from ‘Å’ishah, who relates: Allah’s Messenger, upon whom be peace,said to me: “Do you know what night this is?” I said: Allah and His Messengerknow best. He continued: “This is the middle night of Sha‘bån. Allah, Mightyand Majestic is He, looks at His servants during the middle night of Sha‘bånand He forgives those who ask for forgiveness, is merciful to those who askfor mercy, but postpones it for all those who harbour rancour whilst in thatstate.”4

II. ROOT OF THE DISPUTE

At first blush this may seem to have settled the bone of contention once andfor all. If the Prophet, peace be upon him, has spoken about the merits of the15th of Sha‘bån - as per the above hadiths - then who are we to object. Afterall, the Qur’an decrees catagorically [ 5 9 : 7 ]: Whatever the Messenger gives you,accept it; whatever he forbids you, abstain from it. It also insists [33:36]: It isnot fitting for a believer, man or woman, to have a choice in the affair afterAllah and His Messenger have decided for them.

Contentious questions of religion are seldom that simple or straightforward.Rather than resolve the matter, the above hadiths are actually the source ofcontention. The authenticities of the above hadiths - as well as others whichspeak of the merits of the 15th night of Sha‘bån - are highly disputed. That isto say, the hadith masters or specialists differ over whether or not the abovewords can be reliably ascribed to the Prophet, peace be upon him. Offeringthis conclusion, Qå∂• Abu Bakr b. al-‘Arab• vocalised: “There is no authentichadith that may be relied upon concerning the middle night of Sha’bån; notabout its merit, nor the decree being written in it. So pay no attention to it.”5

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Similar judgement have been passed by Ibn al-Jawz• in his compendium offabricated hadiths,6 al-‘Iråq• in his hadith analysis of I˙yå al-‘Ul¥m al-D•n7

as well as al-Tar†¥sh•.8 In contrast, Ibn Taymiyyah writes:

“Also under this heading is the middle night of Sha‘bån. Hadiths traceableto the Prophet are reported about its merit, as well as precedents from theearly predecessors (min al-a˙åd•th al-marf¥‘ah wa’l-åthår), proving that thenight has a distinction: with some among the predecessors (s a l a f) specifyingthe night for prayer ... But some Medinian scholars among the predecessors,and others from the later scholars, rejected its merit and took issue with thenarrations related in this regard, such as the hadith: “Allah is more forgivingthan there are the number of hairs [on the hides] of the sheep [in the tribes]of Kalb.” They stated that there is no difference between this and any othernight. However, what many of the learned hold, or most of them - among ourcollegues and others - is that it is a night of superior merit. And this is whatis indicated by the words of Ahmad [b. Hanbal] in light of the many hadithstransmitted about it, and what attests to this of the precedents recorded fromthe predecessors (al-åthår al-salafiyyah). Some of its merits are narrated inthe musnad and sunan collections; this holds true even if other things havebeen fabricated concerning it.”9

On being asked about specifying the middle night of Sha‘bån for prayer, IbnTaymiyyah provided this r e s p o n s u m : “If a person offers prayers in the middlenight of Sha‘bån, individually or in a specific congregation - as was done bygroups among the predecessors - this is excellent (fa huwa a˙san).”10

A generation earlier and the notable Shafi‘ite jurist and hadith master, Ibn al-Íalå˙, proffered this response: “The middle night of Sha‘bån is of great meritand it is recommended (m u ß t a ̇ a b b) to spend its night in superogatory actsof devotion: individually, not collectively.”11 This particular responsum wasapprovingly cited by Jalål al-D•n al-Íuy¥†• in his essay which deals with t h eimportance of following the Prophetic Sunnah and shunning all innovationsthat run contrary to it.

As can be observed, the difference of opinion between the jurists is not onewhich simply resolves itself by invoking the verse [ 4 : 5 9 ]: If you have a disputeconcerning any matter, refer it back to Allah and His Messenger. This wouldbe to miss the point completely, which is: can the said hadiths be consideredauthentic; ßa˙•˙ - about which there is, so to speak, a hung jury.

III. A COMPREHENSIVE ACCOUNT ON MID-SHA‘BAN

The eighth century Damascene jurist, pietist and hadith master, Ibn Rajab al-Óanbal•, furnishes a thorough account of the subject. In his book, La†å’if al-Ma‘årif - a work unique in its treatment on the merits, duties and devotionsascribed to each month of the Islamic calander - he writes:

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“With regards the middle night of Sha‘bån, [some of] the Successors of Syria,like Khålid b. Ma‘dån, Makh¥l, Luqmån b. ‘Åmir and others, would veneratethe night and worship diligently in it. People took to considering the nightas meritorious, and of venerating it, from them. It was said that narratives ofJewish lore (åthår isrå’•liyah) reached them concerning this night.12 Whenthis circulated from them to the various cities, people began differing aboutit. Some accepted it from them and concurred in venerating the night. Thisincluded a faction of devotees of Basra, as well as some others. Many of theHijazi scholars objected to it, such as ‘A†å’ and Ibn Ab• Mulaykah. This is alsotransmitted by ‘Abd al-Ra˙mån b. Zayd b. Aslam as being the opinion of theMedinian jurists; it is also the stance of the companions of Målik and others.They assert that this is all an innovation (bid‘ah).

“The Syrian scholars differed with regards to how the night should be used:for which they had two views. Firstly, that it was preferable to commemoratethe night by congregating in the mosque. Khålid b. Ma‘dån, Luqmån b. ‘Åmirand others used to don their finest clothes, perfume and apply antimony tothemselves, and spend the night in prayer in the mosque. Is˙åq b. Råh¥yahconcurred with them on this point, saying that to establish congregationalprayer in the mosque [for this night] was not an innovation. Óarb al-Kirmån•records this from him in his Maså’il. The second view; that it is disapprovedto congregate in the mosque for it: whether for prayer, pious exhortation orsupplication. It is not, however, disapproved for a person to pray by himselfspecifically on that night. This was the position of al-Awzå‘•, the imam of theSyrians; their finest jurist; and the most learned of them - and this is what isclosest to the truth, Allah willing.

“It is said of ‘Umar b. ‘Abd al-‘Az•z that he wrote to one of his administratorsin Basra, saying: “You should take to four nights from the Sunnah, in whichAllah dispences His mercy in abundance: the first night of Rajab; the middlenight of Sha‘bån; the night before [Eid] al-Fi†r; and the night preceeding [Eid]al-A∂˙å.” Its authenticity, however, needs investigating.

“Al-Shåfi‘•, may Allah be pleased with him, articulates: “It has reached us thatsupplications are granted sure response during five specific nights: the nightof Jumu‘ah; the two Eids; the first of Rajab; and mid-Sha‘bån.” He also said:“All that has been related about these nights is recommended.”

“No statement from Imam A˙mad is known concerning the middle night o fS h a ‘ b å n .1 3 Two reports are adduced from him about the recommendation ofpraying its night, based upon two reports from him dealing with praying onthe night of Eid. One report does not consider it recommended to pray incongregation during that night [i.e. the Eid night], for nothing is related fromthe Prophet, peace be upon him, or his Companions. It is recommended inthe other report, due to the practice of ‘Abd al-Ra˙mån b. Yaz•d b. al-Aswad;since he was one of the Successors.

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“Likewise, nothing is confirmed about praying the night of mid-Sha‘bån fromthe Prophet, peace be upon him, or his Companions: though it is confirmedfrom a group of the Successors among the notable jurists of Syria.”14

“In closing his mid-Sha‘bån narrative, Ibn Rajab, may Allah have mercy uponhim, offers this prescription: “Therefore it befits a believer to devote himselfin this night to the remembrance of Allah, Exalted is He; petitioning Him topardon his sins, conceal his faults, and relieve his hardships. This should b epreceeded by offering sincere repentence; for Allah, Exalted is He, relents tothose who repent to Him.”15

IV. THE PRAYER OF A THOUSAND “QULS”

The above discussion concerned prayer in the night of mid-Sha‘bån. As forthe prayer o f mid-Sha‘bån, sometimes called ßalåt al-alfiyyah, many a juristicobjection has been levelled against it. Ibn Taymiyyah, for instance, havingendorsed superogatory prayer during this night, cautions: “As for congregat-ing in mosques so as to pray a fixed and defined prayer - like congregatingto offer one hundred units (rak‘ah) of prayer that requires reciting, Say: “HeAllah, is One!” a thousand times during it - then this is an innovation (b i d ‘ a h)which none of the predecessors ever recommended.”16

Mullå ‘Al• al-Qår• cites some hadiths about the prayer of one hundred r a k ‘ a h sin his dictionary of hadith forgeries, then remarked: “How bizzare it is fromthose who have smelt the fragrance of knowledge of the Sunnah that theybe taken in by such gibberish and pray it. This prayer was contrived in Islamafter the fourth century and originated from Jerusalem.”17

Discussing various innovations and infringements against the Sunnah, Imamal-Suy¥†• wrote: “And this includes the ßalåt al-alfiyyah which is performedin the middle of Sha‘bån. It is a lengthy and difficult prayer which is neitherestablished by any [sound] hadith, nor a weak report from any predecessor.The masses are put to trial with it in their striving to honour it, especially bythem lighting candles in all the mosques throughout the land.”18

Ibn al-Íalå˙ says: “Íalåt al-alfiyyah, which is prayed in mid-Sha‘ban, has nobasis to it, nor to anything like it. It is strange how eager people are to followinnovated acts in these two nights,19 yet are deficient in fufilling acts that arelegally stressed (mu‘akkadåt) from the Prophet, peace be upon him.”20

V. TYING LOOSE ENDS

This, then, is the status of the prayer known as ßalåt al-alfiyyah (also knownas ßalåt al-khayr). However, before discussing the quintessential principlewith regards ikhtilåf; or differences of opinion in Islam, we shall gloss threemore concerns linked to mid-Sha‘bån.

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Firstly, the issue of fasting on the day of mid-Sha‘bån. Ibn Måjah records ahadith, from ‘Al•, may Allah be pleased with him, who relates; the Prophet,peace be upon him, said: “When it is the middle night of Sha‘bån stand-upin prayer during its night and fast during its day.”2 1 Al-‘Iråq• declared its chainto be weak (∂ a ‘ • f), as did Ibn Rajab.2 2 Thus, according to many an authority,it is not recommended to single out this particular day for fasting, unless, ofcourse, it is done so with the intention of fasting the “three white days”: the13th, 14th and 15th of each lunar month. Ibn Taymiyyah had this to say aboutthe issue: “As for singling-out the day of mid-Sha‘bån for fasting, there is nogrounds for doing so. Rather, singling it out is reprehensible.”23

Secondly, lighting candles and turning the night into one of festivity. Ibn al-Íalå˙ remarked: “But people taking this night, and the night of Raghå’ib as afestival (m a w ß i m) and distinction (s h i ‘ å r), is a reprehensible innovation. Andwhat they add to the night, going beyond customary need, such as lightingcandles and the like, contravenes the Sacred Law.”24 Al-Munåw• quotes thewords of al-Majd - Ibn Taymiyyah’s grandfather, whose rank in the Óanbal•school is like that of al-Nawaw•’s in the Shåfi‘• school - who stated: “Likewise,marking it out for festivities by preparing different foods and sweet dishes,and putting up decorations comes under the catagory of celebrations whichare newly innovated for which there is no basis.”25

Thirdly, some believe that the yearly decree is written down in this night, asper the verse: We sent it down in a blessed night, for We are warning. In thatnight every affair is wisely decided.2 6 Classical t a f s • r literature does relate thesaying of ‘Ikrimah, a famous Successor (tåbi‘•), that the night in which everyaffair is wisely decided refers to the middle night of Sha‘bån.2 7 However, thevast majority of exegesists (mufassir¥n) conclude that it refers to laylat al-qadr - “the Night of Power.” Ibn al-‘Arab• typifies the general agreement ont h e topic when he said: “The majority of scholars hold that it refers to laylata l - q a d r ; some have stated that it refers to the night of mid-Sha‘bån: this view,however, is futile.”2 8

Having detained ourselves for a while on the mid-Sha‘bån motif, let us nowturn to the second major consideration of this paper.

VI. THE GOLDEN RULE OF DIFFERING

Islamic legal theory, or uß¥l al-fiqh, identifies two spheres of rulings. Issuesabout which jurists unanimously agree (mujma‘ ‘alayhi), and those whereinthey differ (mukhtalif f•hi).

According to this juristic schema, issues in which there is juristic agreementabout - because of the proof-texts being decisive in authenticity, as well asunivocal and clear-cut in meaning - are referred to as uß¥l, or fundamentals.Contravening them opens a person to legitimate censure, as per the famous

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hadith: “If anyone of you sees an evil, let him change it with his hand; if heis unable to do so, then with his tongue; and if he is unable to do this, thenwith his heart - and that is the weakest of faith.”2 9 Issues wherein the actualproof-texts are inconclusive in their authenticities, or equivocal and open tomore than one legtimate reading, are known as fur¥‘; branches.3 0 Here, thejurists of Sunni Islam are guided by the legal maxim: “lå inkår f• maså’il al-khilåf - there can be no censure in issues of [legitimate] differing.” One neednot spend a great deal of time reading through classical tracts on the duty ofcommanding good and forbidding evil before encountering an articulationof this famous principle.

Imam Ibn Daq•q al-‘°d, the outstanding Shåfi‘• jurist, stipulates: “Scholars onlycensure what is agreed upon [as being wrong]. As for what is differed over,there is to be no censure of it.”3 1

Ibn Rajab al-Óanbal• wrote: “The wrong that is obligatory to reprove is thatwhich is agreed upon. As for what is differed over, one of our collegues said:“One cannot censure a person who is a mujtahid in the issue, or a followerof a mujtahid in that which taql•d is permitted.”3 2

In the technical or religious parlance of scholars, what is meant by the termmujtahid is a jurist versed in the canons of jurisprudence (fiqh) and Islamiclegal theory (uß¥l al-fiqh), and who is capable of formulating new points oflaw which are not explicitly or precisely laid down in the texts of the Qur’anor Sunnah.33 Such juristic labours are known as ijtihåd. Those not qualifiedto undertake i j t i h å d are known as muqallids whose legal obligation is t a q l • d :following the qualified scholarship of a mujtahid.

Ibn al-Qayyim asserts: “But if, in the issue, there is no [decisive text from the]Sunnah, nor a juristic consensus, i j t i h å d then becomes permitted. There mustbe no censuring someone who acts in the issue either as a m u j t a h i d , or as amuqallid.”3 4

Najm al-D•n Ibn Qudåmah, of other than al-Mughn• fame, announces thejuristic rule of thumb in these terms: “A condition for censuring wrongdoingis that the act being censured must be something whose blameworthiness isnot merely known by means of ijtihåd. Issue that involve ijtihåd cannot bea cause for rebuke.”3 5

Imåm al-Nawaw• endorses the maxim in these words: “The one commandingor forbidding must be knowledgeable of what is being commanded or for-bidden,which will vary with the differing matters. So if it is from those clear-cut obligations or well-known prohibitions, such as prayer, fasting, adultery,intoxicants, etc., then every Muslim is learned about them. If, though, it is inissues that are not clear-cut, or in issues of ijtihåd, then the lay people can-not enter into it, nor censure it: instead it is only for the scholars.”3 6

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Thus, although points of legitimate differing cannot be a cause for rebuke,s c h o l a r s may, nonetheless, clarify what they deem to be errors in i j t i h å d . I b nT a y m i y y a h has these words about this: “It is not allowed to censure anyonein issues of ijtihåd, except by explaining the proofs and clarifying the path.There must be no censuring someone based merely upon t a q l • d . This is thebehaviour of ignoramuses and of those following their caprice.”37 Even still,the scholar’s rebuttal will only amount to an Islamic view, rather than theIslamic view on the issue.

As for the lay people, Shaykh Bakr Abu Zayd writes that, at most, they mayonly inform others of the school or scholar’s responsum they are following.He explains: “There is a consensus among the Muslims that it is not allowedfor a muqallid to say: ‘This is lawful’ or ‘That is unlawful’ based on taql•d ofanother in matters of ijtihåd. What he may state is that: ‘This is the ruling inthe school of the Imam that I follow,’ or ‘I sought a fatwa from a scholar andthis is what he responded with.’”3 8

There is no doubt that the issue of honouring the night of mid-Sha‘bån fallswithin the ambit of valid differing. So it cannot be a reason for censuring orrebuking others, or of hearts harbouring mutual animosity or disuniting. Todo so would be to violate the golden rule of differing which has lent itself tothis nation’s balance, strength and stability. Ordains the Qur’an: D i s p u t e notwith each other, lest you falter and your strength departs from you.39 In asimilar vain, the Qur’an enjoins: Hold fast altogether to the Rope of Allah a n dbe not divided.4 0 There is also the Divine injunction to fear Allah and setaright the relationship between each other.41

VII. BIGOTRY, BENCHMARKS & BID‘AH

Though there have been periodic disruptions of the above rule in the annalsof the ummah, it would be fair to say that, by and large, ours is a history ofmutual respect and tolerance with regards differences of opinion in the areaof fur¥‘; the non-fundamentals of faith. This was based on the recognitionthat any opinion supported by a decisive (qa†‘•) proof, or juristic consensus,justifiably represents the Islamic view; whereas opinions based upon proofsthat are speculative (Ω a n n •) - i.e. open to more than one legitimate interpre-tive possibility - represent an Islamic view. In our age, ignorance of this vitalunderstanding has almost become ubiquitous to the point where mosques,university prayer rooms and internet discussion forums are now arenas forhostile disputations, vicious invectives and fatwa flinging.

The problem wouldn’t be half as damaging if it were simply a lack of aware-ness of lå inkår f• maså’il al-khilåf. This, however, tends not to be the case.Instead, bigotry, intollerance and authoritarian attitudes can now be seen inmuch of the discourse. And though the traffic is two way, the vast bulk of itis directed from those who do not accept the validity of honouring the night

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of mid-Sha‘bån towards those who do. Accusations of bid‘ah, deviancy andof ‘opposing the way of the salaf’ are frequently levelled against the practi-tioners of mid-Sha‘bån, despite this being the view of many a distinguishedImam from the salaf, and, possibly, even the majority of scholars. Such reck-less incriminations form the substance of the following prophetic warning:“Whoever level an untruthful accusation against a believer, he will be madeby Allah to dwell in the puss of the denizens of Hellfire until he retracts hiss t a t e m e n t . ”4 2 Short of excommunicating a Muslim - that is, to declare him anunbeliever, a kåfir - what could be more monsterous than to falsely accusea fellow believer of being an innovator or deviant?

Nor may issues of ijtihåd and legitimate differing be used to test others, inthat those who agree with your view are esteemed and brought close, whilethose who do not are deemed ‘dodgy’, warned against and boycotted. Suchan imtihån, “test” or “inquisition”, that plagues our unity and da‘wah is, inactual fact, a disfigurement of the prophetic teachings. Imam Ibn Taymiyyah,in offering these reconcilatory remarks in the confusion that has historicallysurrounded the personality of Yaz•d b. Mu‘åwiyah, wrote:

“It is incumbent to be balanced in this and refrain from mentioning Yaz•d b.Mu‘åwiyah and to test the Muslims with it. Doing so is among the innovationsthat contravene Ahl al-Sunnah wa’l-Jamå‘ah.”4 3

Thus, using the mid-Sha‘bån issue - or any other issue of legitimate differing,for that matter - as a benchmark to determine right guidance from misguid-ance is itself fallacious and at varience with the path of the predecessors andSunni orthodoxy. That such inquisitions are frequently launched by many oftoday’s ‘vanguards of authentic Islam’ only highlights the dire ignorance andimpudence that is prevalent among such circles. Not only are these tests andinquisitions an innovation that flies in the face of authenticity, it also revealsthe bigotry and indoctrination that many of these ‘vanguards’ are regretablysteeped in.

At this point, some may well ask: are the lay people required to know aboutthe juristic differences between the scholars; and if not, why should they betaken to task for simply following those whose learning and piety they trust?The simple reply. No, they are not obliged to learn about juristic differences.And rather than be taken to task, their acting upon scholarly teachings is anadmirable act and one for which they shall - insha’Llåh - be duly rewarded.The problem occurs, though, when the fatwa of the scholar or shaykh is ele-vated to more than just an opinion. Bigotry gives it the status of being some-thing decisive, cut and dry, and infallible; mutating it into t h e opinion againstwhich loyalty and enmity is then measured. Here begins the menace to theMuslims and their decent into discord and division.

We shall let Shaykh al-Islam Ibn Taymiyyah, may Allah sanctify his soul, havethe final word on the matter:

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“It is not for anyone to set-up for the ummah a specific individual, calling tohis way, and basing one’s loyalty and enmity around him - except, of course,if it be the Prophet, peace be upon him. Nor must any speech be set-up forthem, around which loyalty or enmity is based, except if it be the Speech ofAllah; or that of His Messenger; or that which the ummah has agreed upon.Rather, this is from the practice of the innovators (ahl al-bid‘ah); those whoaffiliate themselves to a specific individual or opinion with which they causedivisions in the ummah, forming loyalties and enmity around such opinionsand affiliations.”4 4

CONCLUSION

It was not the aim of this paper to analyse what is or is not the preferred viewin respect to venerating the 15th night of Sha‘bån. Instead, it was to demon-strate that the two opinions concerning mid-Sha‘bån are both valid interpre-tations, and that such a difference, or khilåf, must not be the cause for anyill-will or schism to arise between Muslims. Those qualified in the canons ofjurisprudence and legal interpretation are required to follow their scholarlyconclusions in the issue, whilst those not versed in such matters must followthe legal conclusion of a qualified scholar. Under no circumstance must thelay people test or be tested in such matters, in a way in which loyalties areformed or fractured.

END NOTES

*Many thanks to Abu Rumaysah who helped in translating some of the passages forthis article, and also to Abdullah Muhammad who read through the draft paper and offeredvaluable comments and suggestions for its improvement.

1. Ibn Óibbån, Í a ̇ • ̇ , no.1980; Ibn Måjah, S u n a n , no.1390; Ibn Ab• ‘Åßim, a l - S u n n a h ,no.512. After documenting various chains for this hadith, al-Albån• offers this conclusion:“The hadith, with these collective routes of transmission, is authentic (ßa˙•˙) without adoubt.” Cf. Silsilat al-A˙åd•th al-Ía˙•˙ah (Riyadh: Maktabah al-Ma‘årif, 1979), nos.1144,1563. Al-Mubårakp¥r•, in his magisterial commentary to al-Tirmidh•’s Sunan, said: “Knowthat a number of hadiths have been related about the merit of the middle night of Sha‘bånwhich collectively prove it has a basis.” He then says after recording a number of them:“Collectively, these hadiths constitute proof upon those who alledge nothing is confirmedwith regards the merits of the middle night of Sha’bån.” Tu˙fat al-A˙wadh• bi Shar˙ Jåmi‘al-Tirmidh• (Beirut: Dår al-Kutub al-‘Ilmiyyah, 1990), 3:365, 367.

2. Ibn Óanbal, Musnad, no.6642. Al-Albån• said: “There is no problem in using thischain as a support [to the above narration].” Cf. Silsilat al-A˙åd•th al-Ía˙•˙ah, 3:136.

3. Ibn Måjah, no.1389; al-Tirmidh•, Sunan, 736, who noted after recording it: “I heardMuhammad [i.e. al-Bukhår•] grading the hadith weak.”

4. Al-Bayhaq•, Shu‘ab al-°mån (Beirut: Dår al-Kutub al-’Ilmiyyah, 2000), no.3824,after which he said, “hådha mursal jayyid.” Meaning, that its narrators are all trustworthyand reliable; however a Companion is missing in its chain of transmission. In other words,a Successor (tåbi‘•) is reporting directly from the Prophet, upon whom be peace, withoutan intermediary.

5. A˙kåm al-Qur’ån (Beirut: Dår I˙yå al-Turåth al-‘Arab•, n.d.), 4:1690; whilst dis-

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cussing the verse [44:3-4]: We sent it down in a blessed night, for We are warning. In thatnight every affair is wisely decided.

6. Kitåb al-Maw∂¥‘åt (Riyadh: A∂wå al-Salaf, 1997), 2:440-445.7. Al-Mughn• ‘an Óamli’l-Asfår (Riyadh: Maktabah al-Tabariyyah, 1995), 1:157. 8. Al-Tart¥sh•, al-Óawådith wa’l-Bida‘, ed. Mu˙ammad al-Tålib• (Jeddah: Dår al-

Asfahån•, n.d.), 112.9. Iqti∂å’ al-Íirå† al-Mustaq•m li Mukhålafat Aß˙åb al-Jah•m (Beirut: Dår Ibn Óazm,

2003), 412-3.10. Majm¥‘ Fatåwå (Riyadh: Dår ‘Ålam al-Kutub, 1991), 23:131. At another place in

this collection (3:388), Ibn Taymiyyah is seen reserving judgement on the authenticity ofthe hadiths under discussion: in ßa˙˙u’l-˙ad•th - “if the hadith is authentic.” However, theabove two passages from him seem to demonstrate no ambivalence whatsoever about thenight’s merit; and Allah knows best.

11. Cited in al-Íuy¥†•, al-Amr bi’l-Ittibå‘ wa’l-Nahy ‘ani’l-Ibtidå‘ (Riyadh: Dår Ibn al-Qayyim, 1995), 169-70.

12. Jewish lore (Ar. isrå’•liyah, pl. isrå’•liyyåt). Prior to Islam when the bedouins orsome of the illiterate strata of Arabian society wanted to learn more about subjects suchas the origins of creation, the end of days, trials and seditions, etc., they would ask thelearned of the Jews and Christians who had knowledge of such matters from their scrip-tures and lore. On converting to Islam, such learned men brought some of this lore to bearon Islam - particularly if it was descriptive and not prescriptive; not touching upon anypoint of practice or law (a˙kåm). Thus, such narratives and lore eventually found theirway into the overall body of Quranic commentary. ‘Abd Allåh b. Salåm, Ka‘b al-A˙bår andWahb b. Munabbih were pious scholars noted for their reliance on isrå’•liyyåt lore. Cf.Kamali, A Textbook of Óad•th Studies (Markfield: The Islamic Foundation, 2005), 73.

As for the use of the isrå’•liyyåt genre for expounding matters of religion, this is gov-erned by the hadith recorded in al-Bukhår• (no.3461): “Convey from me, even if it be onesentence; and relate from the Israelites, for there is no harm in doing so. And whosoeverintentionally lies about me, let him take his place in the fire of Hell.” Ibn Kath•r, after cit-ing the hadith, comments: “However, the isrå’•liyyåt narratives should only be used assupporting evidence, not as evidence in and of themselves. And they are of three types:Firstly, a type which we know to be authentic, because we have in our religion somethingthat affirms its truth. Secondly, what we know to be false, for we have in our religionsomething that belies it. Thirdly, that for which our religion is silent; not being of the pre-vious two types. [In this case] we neither [catagorically] believe it nor reject it, though it isallowed to relate such accounts due to the preceeding hadith.” Tafs•r Qur’ån al-‘AΩ•m(Beirut: Dår al-Ma‘rifah, 1987), 1:5.

13. This seems to be at odds with the above cited statement of Ibn Taymiyyah: “Andthis is what is indicated by the words of A˙mad [b. Óanbal] in light of the many hadithstransmitted about it.”

1 4 . La†å’if al-Ma’årif f•må li Mawåsim al-’Åm min al-WaΩå’if (Beirut: Dår Ibn Óazm& Mu’assasah al-Rayyån, 1996), 152-3.

15. ibid., 154.16. Majm¥’ Fatåwå, 23:131.17. Al-Asrår al-Marf¥‘ah fi’l-Akhbår al-Maw∂¥‘ah (Beirut: Maktabah al-Islåm•, 1986),

439-40.18. Al-Íuy¥†•, al-Amr bi’l-Ittibå‘ wa’l-Nahy ‘ani’l-Ibtidå’, 176.19. i.e. the nights of mid-Sha’ban, and the night of the first Friday of Rajab that some

c a l l laylat al-raghå’ib - “the Night of Wishes” wherein they pray the prayer known as ßalåtal-raghå’ib. This prayer is a reprehensible innovation according to the majority of juristsand hadith masters. They include: Ibn ‘Åbid•n, Radd al-Mu˙tår (Beirut: Dår al-Kutub al-‘Ilmiyyah, 1994), 2:469-70; Ibn Rajab, La†å’if al-Ma‘årif, 131; al-Nawaw•, Fatåwå (Allepo:Ma†ba‘at al-‘Arabiyyah, 1971), 59-60; and Ibn Taymiyyah, Majm¥‘ Fatåwå, 2:2.

The stance of Ibn al-Íalå˙, however, is less than consistent here. When al-‘Izz b. ‘Abdal-Salåm authored a verdict that declared as invalid ßalåt al-raghå’ib, Ibn al-Íalå˙ penned

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a counter-response to it arguing in favour of its performance. This prompted a further tractfrom al-’Izz b. ‘Abd al-Salåm entitled al-Targh•b ‘an Íalåt al-Raghå’ib al-Maw∂¥‘ah, w h i c hwas followed by a further counter-refutation from Ibn al-Íalå˙. These r e s p o n s a , from thesetwo leading Shafi’ite jurists, have been published in a slim monograph entitled, Musåjalah‘Ilmiyyah Bayna’l-Imåmayn al-Jal•layn al-‘Izz b. ‘Abd al-Salåm wa Ibn al-Íalå˙ ÓawlaÍalåt al-Raghå’ib al-Mubtadi‘ah; editors, al-Albån• and al-Shåw•sh (Beirut: al-Maktab al-Islåm•, 1985). Al-Nawaw• also rebuts his Shafi’ite collegue, Ibn al-Íalå˙ on this very issue;but without directly naming him. Cf. al-Majm¥‘ Shar˙ al-Muhadhdhab (Cairo: Ma†ba‘at al-’Åßimah, 1970), 3:549.

20. Cited in al-Íuy¥†•, al-Amr bi’l-Ittibå‘ wa’l-Nahy ‘ani’l-Ibtidå’, 170.21. Ibn Måjah, Sunan, no.1388.22. Cf. al-‘Iråq•, al-Mughn• ‘an Óamli’l-Asfår, 1:157, no.634; Ibn Rajab, La†å’if al-

Ma‘årif, 151.23. Iqti∂å’ al-Íirå† al-Mustaq•m, 413. Some scholars hold that fasting on the 15th day

of Sha’bån is recommended, as they deem the above hadith to be sound. Others, still, holdit to be permitted - even if they believe the hadith to be weak - following the principle offa∂å’il or targh•b wa tarh•b. Cf. Mufti Taq• ‘Uthmån•, Sha‘bån: Merits, Do’s and Dont’s, atwww.albalagh.com.

24. Cited in al-Íuy¥†•, 170.25. Cited in ‘Abd al-Ra‘¥f al-Munåw•, Fay∂ al-Qad•r Shar˙ al-Jåmi‘ al-Íagh•r (Beirut:

Dår al-Ma‘rifah, n.d.), 2:317.26. Qur’an 44:2-3.27. Cf. Ibn al-Jawz•, Zåd al-Mas•r f• ‘Ilm al-Tafs•r (Beirut: al-Maktab al-Islåm• & Dår

Ibn Óazm, 2002), 1287, where two contradictory reports are ascribed to ‘Ikrimah: the firstsaying that the night in question refers to that of mid-Sha‘bån; the second, that it refers tolaylat al-qadr.

28. A˙kåm al-Qur’ån, 4:1690. Others who concur with this view include: al-Baghaw•,Ma‘ålim al-Tanz•l (Beirut: Dår Ibn Óazm, 2002), 1174; Ibn Kath•r, Tafs•r Qur’ån al-‘AΩ•m(Beirut: Dår al-Ma’rifah, 1987), 4:148; al-Qur†ub•, al-Jåmi‘ li A˙kåm al-Qur’ån (Beirut: Dåral-Kutub al-’Ilmiyyah, 1996), 16:84-85; Ibn ‘Ådil al-Óanbal•, al-Lubbåb f• ‘Ul¥m al-Kitåb(Beirut: Dår al-Kutub al-‘Ilmiyyah, 1998), 17:308-9; al-Íåw•, Óåshiyah al-Íåw• ‘alå Taqd•ral-Jalålayn (Beirut: Dår al-Kutub al-‘Ilmiyyah, 2000), 5:261; Íidd•q Óasan Khån al-Qun¥j•,Fat˙ al-Bayyån f• Maqåßid al-Qur’ån (Beirut: Dår al-Kutub al-‘Ilmiyyah, 1999), 6:257; andIbn ‘Åsh¥r, al-Ta˙r•r wa’l-Tanw•r (Beirut: Mu’assasah al-Tår•kh al-‘Arab•, 2000), 25:308,where he says about the view of ‘Ikrimah: “It is a weak position.”

29. Muslim, no.49.30. Cf. Ibn Taymiyyah, Majm¥‘ Fatåwå, 24:172; al-Manåw•, Fay∂ al-Qad•r, 1:209; al-

Sa‘d•, Tanb•håt al-La†•fah (Riyadh: Dår Ibn al-Qayyim, 1989), 93.31. Shar˙ al-Arba‘•n al-Nawawiyyah (Beirut: Dar Ibn Óazm, 1997), 120.32. Jåmi‘ al-‘Ul¥m wa’l-Óikam (Beirut: Mu’assasah al-Risålah, 1998), 2:254. The pas-

sage continues: “Qå∂• [Abu Ya’lå], in al-A˙kåm al-Íul†åniyyah, exempts from this censurethose differences that are juristically weak (må ∂a‘ufa f•hi’l-khilåf).”

Needless to say, those opinions deemed to be weak according to the canons of Islamicjurisprudence are not easy to ascertain. One would have to be a seasoned mutafaqqih; astudent of Islamic jurisprudence, if not an outright jurist, to truly know such matters. It iscertainly not something a layman could determine for himself.

33. Cf. al-Shiråz•, al-Lum‘a f• Uß¥l al-Fiqh (Beirut: Dar al-Kutub al-‘Ilmiyyah, 2001),129; al-Shanq•†•, Nathr al-Wur¥d ‘alå Maraq• al-Su‘ud (Jeddeh: Dar al-Manarah, 1999),622, 642.

34. I‘låm al-Muwaqqi‘•n (Dammåm: Dår Ibn al-Jawz•, 2003), 5:243. Ibn al-Qayyim’swords on this issue have birthed certain misunderstandings, since he starts the passage bystating (p.242): “Their statement that, ‘Issues of Differences cannot be a cause for rebuke’is not correct.” This had led some to believe that he outrightly rejects the maxim. However,this is to ignore the end of the passage, cited above, where he clearly endorses the maxim.It is also to read the statement out of context, since he follows-up his apparent ‘rejection’

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by explaining that there is a distinction between issues of ijtihåd and issues of differeing.For not all differences are actually valid: especially if they contravene a text of the Sunnahthat is decisive in its authenticity and its meaning. He says (p.243): “What is correct is thatwhich the Imams are upon, namely that issues of ijtihåd wherein there is no evidence thatrequires acting upon in a clear-cut manner - like an authentic hadith which is not opposedby anything from its type - then ijtihåd is permitted due to the absence of any clear proofthat requires acting on; or because they are conflicting or unclear.”

35. Mukhtaßar Minhåj al-Qåßid•n (Cairo: Dår Ibn al-Haytham, 2003), 121.36. Shar˙ Ía˙•˙ Muslim (Beirut: Dår al-Kutub al-‘Ilmiyyah, 2001), 2:21.37. Majm¥‘ Fatåwå, 35:212-3.38. Al-Madkhal al-Mufassal ilå Fiqh al-Imåm A˙mad bin Óanbal (Riyadh: Dår al-

‘Åßimah, 1997), 1:73.39. Qur’an 8:46.40. Qur’an 3:103.41. Qur’an 8:1.42. Abu Dåw¥d, Sunan, no.3597. Its chain of transmission is ßa˙•˙, as per al-Albån•,

Silsilat al-A˙åd•th al-Ía˙•˙ah, nos.437, 1021.43. Majm¥‘ Fatåwå, 3:414. Al-Dhahab• explains that, “Yaz•d is from those whom we

neither curse nor love.” Siyar A‘låm al-Nubalå (Beirut: Mu’assasah al-Risålah, 1998), 4:36.44. Majm¥‘ Fatåwå, 20:164.

15th night of sha`ban and difference of opinion

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